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HomeMy WebLinkAboutMinutes City Council - 08/14/1963 - SpecialCITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 14, 1963 4:00 p.m. PRESENT: Mayor James L. Barnard Commissioners: Jack R. Blackmon City Manager Herbert W. Whitney J. R. de Leon Asa't City Attorney Wayland Pilcher W. J. Roberta City Secretary T. Ray Kring W. M. Wallace, Jr. Mayor James L. Barnard called the special meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. 7_4 Motion by de Leon, seconded by Blackmon and passed that the absence of Mayor Pro Tem Jim Young and Commissioner M. P. Maldonado be excused for cause. Mayor Barnard announced the purpose of the special meeting for public hearing on five zoning applications, and explained the procedure to be followed. Mayor Barnard announced the public hearing on the application of Ted M. Anderson for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on all of Lots 3, 4 and 5, Block 1, Arcadia Sub- division. William W. Anderson, Director of Planning, located the property on the map; pointed out the zoning and land use of the area; pointed out the problem involved with respect to ingress and egress in view of property being situated at one of the City's most congested and heavily traveled intersections for which reason the Traffic Engineer has recommended that no openings to the property be permitted onto Staples or Baldwin; that it has been recommended that the City acquire the entire block as soon as possible in order to eventually solve the traffic problem at that separated intersection on South Staples at Baldwin for which there are several plans to be submitted in connection with the 5 -year Capital Improvement Program; stated that 16 notices had been sent out, 4 returns received in favor of the request and 2 against; and that the recommendation of the Zoning 6 Planning Commission was that the request be denied on the basis that such zon- ing would not be compatible with the existing uses in this area. Ted M. Anderson, applicant and trustee for the property, explained that this was investment property; that due to the tremendous volume of traffic as explained by the Director of Planning, the property is becoming unrentable as residences, but moat attractive to certain business uses; that the deed restrictions' City of Corpus Christi, Texas .Special Council Meeting August 14, 1963 Page 2 on this area property will run out next year; that he did not feel it was fair for the City to deny him the best use of his property because the City was going to need it, and that if the City does want the property, they should buy it even if the City just pays him what he paid for it. W. E. Nobles, owner of Lot 2, adjoining the area of request, speaking in support of the application, stated that the entire block was no longer suitable for residences due to the heavy traffic, but most attractive for business use; that there is now, and always has been, access to Staples since there is not room for driveways on the York side; and that he felt the zoning should be granted for the entire block because that is the best and most reasonable use of the property, and that the City should pay a reasonable price for the land if they want it. Director of Planning Anderson emphasized that the Zoning & Planning Com- mission's decision was not made on the basis of need for public use, but based on the recommended access to the property from York Avenue only, which would be through the residential neighborhood and would therefore not be a compatible use of the property. Ray Rostutler, Jr., representing his parents who own the adjoining Lot 6, spoke in favor of the request in support of Mr. Noble's statements. Mrs. R. C. Ledlow, owner of Lot 9, spoke in opposition to the request on the basis that her home would then face the rear of businesses, and that all of the traffic would be on the cul-de-sac at her front door. Motion by de Leon, seconded by Blackmon and passed that the hearing be closed. Motion by de Leon, seconded by Roberts and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the request for a change of zoning on Lots 3, 4 and 5, Block 1, Arcadia Subdivision, be denied. Mayor Barnard announced the public hearing on the application of George S. and John D. Hawn for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial Districe on Area "A", a 7.0 acre tract of land at the Southerly corner of Holly Road and Everhart Road and out of Lot 1, Section 4, Flour Bluff & Encinal Farm & Garden Tracts; for change of zoning from "R -1B" One -family • • City of Corpus Christi, Testas Special Council Meeting August 14, 1963 Page 3 Dwelling District to "B-4" General Business District on AREA "8", a 11.8 acre tract of land on the East side of Everhart Road between Holly Road and the Schanen Drainage Ditch and out of Lot 1, Section 4, Flour Bluff & Encinal Farm & Garden Tracts; AREA "C", a 4.73 acre tract at the Northerly corner of the intersection of Woolridge Road and South Staples Street and out of Lot 9, Section 4, Flour Bluff & Encinal Farm & Garden Tracts; AREA "E", a 75.4 acre tract, more or leas, at the Easterly corner of the intersection of South Staples Street and Saratoga Boulevard and being all of Lots 29, 30, 31 & 32, Section 12, Flour Bluff & Encinal Farm & Garden Tracts; AREA "F", a 7.1 acre tract of land at the Northerly corner of the intersection of South Staples Street and Saratoga Boulevard and out of Lot 25, Section 4, Flour Bluff & Encinal Farm & Garden Tracts; and AREA "H", a 22 acre tract of land at the Northerly corner of the intersection of Everhart Road and Saratoga Boulevard and out of Lot 9, Oso Farm Tracts; for change of zoning from "R -1B" One - family Dwelling District to "5-1" Neighborhood Business District on AREA "D", a 1.37 acre tract of land at the Westerly corner at the intersection of Woolridge Road and South Staples Street and out of Lot 24, Section 4, Flour Bluff & Encinal Farm & Garden Tracts; and for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on AREA "G", a 9.3 acre tract of land at the Easterly corner of the intersection of Everhart Road and Saratoga Boulevard and out of Lot 31, 32, Section 4, Flour Bluff & Encinal Farm & Garden Tracts. Director of Planning Anderson located each of the areas of request on the map; stated that the recommendation of the Zoning & Planning Commission was that "I-2" Light Industrial District on Area "A", "B-4" General Business District on AREAS "B", "C","E", "F", and "H", "B-1" Neighborhood Business District on Area "D", and "AB" Professional Office District on Area "G", and as indicated in the applicants' letter of request, be approved; that 16 notices had been mailed out, 8 returns received in favor of the application and 1 against; explained that the applicants have an over all development plan for the entire acreage, which includes a country club, subdivision development and planned related businesses which would be hard to separate for zoning, and that the Commission recommended the zoning be granted as requested even though the entire areas zoned for business may not be so City of Corpus Christi, Texas Special Council Meeting August 14, 1963 Page 4 utilized in order to give the maximum flexibility to the developers for a well- planned and well -integrated development. George S. Hawn, speaking in support of the application explained the con- centration of land purchases in the area by himself and his brother, and the coordination of their efforts with advice of professional people in the field for sound land planning. J. W. Gary, attorney for the applicants, presented maps and master plan sketches, indicating the total land ownership of the Hawn Brothers, the country club development, the general over-all planning to tie in with the future develop- ment of Schanen Estates property to prevent the hodge-podge development of other areas; and emphasized that there is much more planning to be done, particularly with reference to drainage, streets and possible relocation of streets, and further emphasized the need for comprehensive zoning and flexibility of zoning in order to continue the studies and develop the ultimate master plan for orderly development. Elbert Cox, representing the Board of Directors of the Corpus Christi Country Club, explained the Club's proposed move to the new location included in the Hawn development with proper zoning, and were in favor of the entire over-all development plans. Albert G. Caldwell, 6022 Kilarney, and Jack Ryan, 7 Hewitt, both spoke in favor of the over-all development plana and of the request for a change in zoning. Farrell D. Smith, neighboring property owner, stated at length his reasons for being in favor of the rezoning of Areas "A", "B", "C", "D", "F", "G", and "H", and his reasons for being very much opposed to the rezoning of more than 20 or 30 acres of Area "E" in the immediate area of Saratoga Boulevard and South Staples Street; pointed out the size of the area of request as compared to the Downtown Business District and to Parkdale Shopping Center; the recent reduction in taxes granted in the Downtown Business District due to the granting of large areas of business zoning; photographs of vacant properties in this District and the harmful effects of more business zoning; the lack of economic necessity, surveys and definite plans for development; and his specific concern that he and other property owners in the area would be precluded from being granted an equitable share of business 1 • City of Corpus Christi, Texas Special Council Meeting August 14, 1963 Page 5 zoning for their properties if the entire Area "E" is granted business zoning. In answer to questions of the Council as to the Planning Department's think- ing with respect to possible requests for additional business zoning by other property owners in the area, Mr. Anderson answered that each request would have to be considered on its own merits, and explained that this application is the largest development of an integrated nature in Corpus Christi; that the maximum flexibility in zoning was most desirable in order to allow freedom of design and planning for orderly ultimate growth of the City; that the amount of business zoning that will actually be utilized for such never exceeds 5% of the gross area and is usually about 3% or 3J7, based on purchasing power of the area it supports, dictated by the economics. Motion by Roberts, seconded by de Leon and passed that the hearing be closed. Motion by Blackmon, seconded by de Leon and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning oia Area "A" be changed to "I-2" Light Industrial District; on Area "B", "C", "E", "F", and "H" be changed to "B-4" General Business District; on Area "D" be changed to "B-1" Neighborhood Business District; and on Area "G" be changed to "AB" Professional Office District, all as applied for in the application, Mayor Barnard announced the public hearing on the application of Frank Longoria and Ida E. Longoria for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a rectangular portion of Lots 1 and 2, Bancroft -Dodge Farm Lots. Earl Goetsch, Senior Planner, located the property on the map; pointed out the zoning and land use of the area; stated that the recommendation of the Zoning & Planning Commission was that the request for change of zoning be denied but that in lieu a Special Permit for apartment uses be approved subject to the following conci- tions: (1) That it be in compliance with the site plan as submitted by the applicant; and (2) that all requirements of the "A-1" Apartment House District be complied with. Mr. Goetsch explained that 20 notices had been sent out, 4 returns received in favor and 7 against the request; and presented the site plan which had been submitted by the applicant to the Commission. • City of Corpus Christi, Texas Special Council Meeting August 14, 1963 Page 6 Lawrence Berger, attorney representing the applicants, spoke in support of the request, pointed out the land use of each of the surrounding properties, and showed photos of the existing buildings and multiple use on surrounding properties; explained the proposed use of the subject property to improve and move apartments onto the property and beautify the rear portion of the property in keeping with the recent improvement of the adjacent Church property. City Manager Whitney stated that a communication had been received from Mrs. Sherrill, 4014 Shell Road, favoring approval of the request. W. A. "Bill" Roberts, real estate appraiser, spoke in support of the request on the basis of his opinion as a realtor that the proposed use will be an enhance- ment for the entire neighborhood. Herman Jones, 841 Cenizo Avenue, Mrs. Arthur Starr, 4109 Up River Road, Mr. and Mrs. L. H. Lawrence, 833 Cenizo, Mr. and Mrs. James Hanna, 825 Cenizo, all spoke in opposition to the application on the basis that they desired the property in the area to remain for single family residence, and that future apartment zoning and use might develop for the entire length of the property. Motion by Roberts, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace, seconded by Roberts and passed that the matter be taken under advisement to allow members of the Council to inspect the neighborhood. Mayor Barnard announced the public hearing on the application of W. L. Bates for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Busi- ness District on an 8.844 -acre tract out of Lots 7 and 10, Section 5, Range VIII, Gugenheim & Cohn's Farm Lots. Earl Goetsch located the property on the map; pointed out the zoning and land use of the area; stated that 5 notices had been sent out, 4 returns received in favor and one against; and that the recommendation of the Zoning & Planning Commission was that the application be approved. No one appeared to speak either for or against the application. Motion by Wallace, seconded by Roberts and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on the 8.844 -acre tract out of Lots 7 and 10, Section 5, Range VIII, Gugenheim & Cohn's Farm Lots described in the application be changed to "B-4" General Business District. • • City of Corpus Christi, Texas Special Council Meeting August 14, 1963 Page 7 Mayor Barnard announced the public hearing on the application of John Rex Wayland to amend Special Permit #162-2 to include additional amusement park facili- ties on all of Tract 4, Wilkey Partition, being a 5.939 acre tract, a portion of Lot 13, Section 13, Flour Bluff & Encinal Farm & Garden Tracts. Earl Goetsch located the property on the map; pointed out the zoning and land use of the area; explained the purpose of the request to erect a bat -a -ball facility on a portion of thee property adjacent to the existing parking lot; that no one had appeared in opposition to the application; that one return had been received in favor of the request and none against; and that the recommendation of the Zoning and Planning Commission was that the application be approved. Rex Wayland appeared in support of his application; explained that he desired to appeal to the young adults, and pointed out that he was also requesting that the provision of his Special Permit that required a new application for any enlargement or change of rides must be made, rather than the customary appeal to the Board of Adjustment, be removed at this time, since the requirement took so long to comply with as in the present instance. Mayor Barnard commented that he felt the request to remove the restriction was a logical one, since Mr. Wayland had proved that his type of operation was not a nuisance to the neighborhood. No one appeared in opposition to the application or to the request for the removal of the restriction #9 referred to in the Special Permit. Motion by Roberts, seconded by de Leon and passed that the hearing be closed and the recommendation of the Zoning & Planning Commission be concurred in, and the Special Permit of John Rex Wayland be amended to permit the installation of a bat -a - ball operation on an 80' x 200' portion of the subject property located adjacent to and to the rear of the existing parking lot, and that in addition the restriction #9 re- quiring a new application for any enlargement or change of rides, be removed from the Special Permit. ORDINANCE NO. 7003 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9 PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY;AS AMENDED BY • City of Corpus Christi, Texas Special Council Meeting August 14, 1963 Page 8 ORDINANCE NO. 6106, PASSED AND -APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMEND- ING THE ZONING MAP BY CHANGING THE ZONING OF THE BROWN -LEX TRACT, AS FILED OF RECORD IN VOL. 27, PAGE 12, QF THE MAP RECORDS OF NUECES COUNTY, TEXAS, BEING THAT SAME PROPERTY ALSO DESCRIBED AS AN 8.844 -ACRE TRACT OUT OF LOTS 7 AND 10, SECTION 3,RANGE VIII, GUGENHEIM AND COHN'S FARM LOTS, BEING LOCATED ON A NORTHWEST CORNER OF THE INTERSECTION OF LEXINGTON BOULEVARD AND OLD BROWNSVILLE ROAD, FROM "R-18" ONE FAMILY DWELLING DISTRICT TO 'B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by. the following vote: Mayor Barnard, Commissioners Blackmon, de Leon, Roberta and Wallace, present and voting "Aye"; Commissioners Young and Maldonado absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Blackmon, de Leon, Roberts and Wallace, present and voting "Aye"; Commissioners Young and Maldonado absent. There being no further business to come before the Council, the special meeting was adjourned.